(By Delegates Brown, Webster, Hatfield,
Marshall and Amores)
[Introduced March 10, 2005; referred to the
Committee on Health and Human Resources the Judiciary.]

A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §33-42-9, relating to
providing that a woman who does not obtain an abortion because
of the influence of a person, organization or group, has a
cause of action against the person, organization or group, if
the subsequent pregnancy and delivery results in any physical,
mental or emotional injury to the woman or child; providing
that damages may not be limited in spite of the execution of
a consent form; and, providing that the cause of action is not
subject to a statute of limitations.

Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §33-42-9, to read as
follows:ARTICLE 42. WOMEN'S ACCESS TO HEALTH CARE ACT.§33-42-9. Right of action for injuries.
In the event a woman seeks an abortion in this state and is
coerced into not obtaining the abortion by any anti-abortion
person, organization or group, and the subsequent pregnancy and
birth results in physical, mental or emotional damages to the
woman, her child or both, the woman and the child shall maintain
the right to a cause of action against the anti-abortion person,
organization or group for such physical, mental or emotional
injuries sustained. This right may not be abated or limited by the
execution of any consent, waiver or other document purporting to
limit or prohibit a cause of action. The rights of a woman and her
child hereunder are not subject to any time limitation.

NOTE: The purpose of this bill is to provide that a woman who
does not obtain an abortion because of the influence of a person,
organization or group, has a cause of action against the person,
organization or group, i.e., if the subsequent pregnancy and
delivery results in any physical, mental or emotional injury to the
woman or child. The bill also provides that damages may not be
limited in spite of the execution of a consent form and that the
cause of action is not subject to a statute of limitations.

This section is new; therefore, strike-throughs and
underscoring have been omitted.